Mr Nkhosana Mvundlela, President of the BLA
Deputy President of the BLA: Noxolo Maduba
Members of the national executive of the BLA
Leadership of Nadel led by Mr Motloung
Leadership of LPC representative
Leadership of AFT
Representatives of legal sector organisations
Distinguished guests
Ladies and gentlemen
Good Morning
I am very pleased to join you today on the occasion of your national general meeting, thank you for inviting me.I am joined by Mr Mbeki who is Acting SG and Advisor Dr Marwala. You have organized this general meeting under the theme: “The necessity of empowered lawyers for our current socio, political-economic status in the national and international discourse”. This theme is a reflection of the keen hopes that are invested in the success of the transformation program of our government. It is good to see progressive organisations in the sector gathered in this room, I say this because its important for progressive force not only to gather under one roof but to work together. We need to find a way of having common purpose of Support. You cant continue to speak passed each other or act in competition against each other if we are to the detriment of yourself and your constituencies. Again we need to look collectively on decisions taken, and reflect on their unintended consequesces
The solidarity that was demonstrated in the defense against the attack of the legal sector code was a clear demonstration that transformation requires collaboration. As government we need progressive organizations in the sector to grow stronger and speak with one voice about issues that will benefit the majority of our people who were previously disadvantaged. It is important for you not to indulge in navel gazing and get consumed in internal squabbles that will have the effect of taking your eyes away from what is important.
I had hoped that by the time we gather like in this occasion the high court would have delivered a favorable judgement dismissing the challenge against the legal sector code. The court has yet to deliver the judgement, but I believe that we put up a good fight. Our cause is just, we must correct a historical injustice and we shall prevail. We have a duty to fight for the transformation of the legal sector not only this generation but for future generations.
Our government will walk this journey of defending the legal sector code hand in hand with you and we shall never back down. It goes without saying that the legal profession has to be representative of the diversity of South African society at all levels. The three big law firms that are fighting against the legal sector code say that they support meaningful, inclusive and sustainable transformation of the legal profession, both within their own firms and across the wider legal sector. But this is hard to believe because top positions in the profession, from partners in law firms to senior counsel are still largely filled by white men. They have had more than two decades to effect meaningful change and yet they have nothing to show for it. What is very clear is that the challenge to legal sector code is purposed at preserving white male privilege.
Given the status quo in relation to transformation government cannot be complicit in the resistance of change. Against this background, we remain firmly committed to implementing reforms so that we can alter our briefing patterns in favour of blacks and women legal practitioners. During the session with the sector, we undertook to create a stakeholder engagement platform by the office of the state attorney in each province. I received feedback that this plans are afoot across the country and I hope you are participating. I will be in Limpopo on 26 June 2026, on afternoon-Dinner engagement in Polokwane.
I further, scheduled to have an engagement with law students in partnership with law Clinics. After, listening to the message by Adv Don Mahon Sc, I’m reminded of my own fears when I was a university student and shudder to think what is going through this young people’s mind as I prepare for that engagement. The challenge of our systems has always been to those who have support and are privileged.
We further committed to the review of the request for quotation (RFQ) system and profile legal professionals with the aim of creating a grading system which will used in the allocation of briefs. This work has already been commence and will be closely monitor if the system we have deployed ensures transparency, competition, and equal opportunity for legal practitioners. Most importantly, we will monitor if it is yielding the intended outcomes that of directing more briefings to black and women practitioners.
I must also hasten to add that we will be very strict in ensuring that we get value for our money. I am mindful that the issue of quality of representation is sometimes used to block black practitioners, but I cannot emphasize it enough that our effort to alter briefing patterns in your favour should be matched by delivery of good quality work. I can also report that, as a start, the office of the state attorney has already held a stakeholder engagement with young members of the Cape Bar with 0-5 years’ experience. They were all asked to submit their profiles for consideration for briefing. These young practitioners will compete for work amongst themselves. This program will be rolled out in all the Offices across the country.
The office of the state attorney has also had an engagement with the National Bar Council of South Africa where the members were asked to submit their profiles to State Attorney offices in the different Provinces. This engagement followed an engagement with the Charter Council which will help with a Notice to all legal Practitioners to submit their profiles for consideration for briefing. The grading system will use number of years in practice to grade practitioners who wish to compete for work in the public sector so as to ensure that RFQs are compiled such that they are sent to Legal Practitioners of the same years of experience and cater for all genders. As practitioners, please provide feedback so that as the Minister I don’t learn about the weakness after the system has collapsed.
You have raised with me, your concerns as practitioners the transparency on the appointment of Acting judges.This work started years ago with draft document and the matter has been doing back and forth without conclusion and implementation. I can confirm that I have concluded the mandatory consultation process on the Guidelines and will be gazetted during the Month of June 2026.
On management of litigation, we will utilise the intergovernmental National Litigation Forum to ensure a coordinated approach between State Attorneys and client Departments. INLF will be held on the 24th June 2026 where SALGA will be invited. This invitation is intended to deal with how to get municipal work available to legal practitioners through the offices of the State Attorneys. This is also applicable to the State Owned Enterprises and the Charter Council will address this issue. This will ensure state briefing patterns are consistent across different spheres government and other state-owned entities. We also announced in the budget vote that we have a plan deal with the backlog on state litigation. To put this plan in action we will bring in legal experts who are going to help us assess the merits of each case to determine the best course of action on how to resolve the cases. The aim of this work is to speedily reduce the litigation backlog and bring down the cost of litigation for the state. More work in this area is still needed including addressing the backlog in our offices. In our Budget vote, I committed to bringing legal firms to help with dealing with the backlog in our offices and help us bring down the state litigation costs.
The effect of transformation is that it eliminates the legal profession's lack of representivity and the uneven geographical distribution of lawyers. When practitioners are widely spread across the country, they are able to serve the respective communities in which they are found which increases access to justice. Historically, the BLA has been driven by a commitment to justice and transformation. These commitments have made BLA a powerful voice against institutional racism, an advocate for legal reform, and a foundation upon which young black legal professionals can stand and support themselves. It is for this reason that the BLA has played an important role increasing access to justice.
In short, the BLA came into existence out of historical necessity, and it is important for its membership to always ask itself if it still fulfilling the role for which it was created. The truth is that 30 years after the adoption of the constitution, which is transformative document, we have not been able to sufficiently transform our society and economy for the benefit of the majority. Drawing lessons from the past 30 years, we must be able to accelerate the rate at which we transform. This means the BLA and other progressive formations in the legal sector have an important role to play in transforming the sector and the country at large.
Transformation is not a destination, and this is because the creation of the new never stops it continues for as long as we shall exist and the world continues to evolve. As former Chief Justice Pius Langa wrote: “…transformation is not a temporary phenomenon that ends when we all have equal access to resources and basic services and when lawyers and judges embrace a culture of justification.
Transformation is a permanent ideal, a way of looking at the world that creates a space in which dialogue and contestation are truly possible, in which new ways of being are constantly explored and created, accepted and rejected and in which change is unpredictable but the idea of change is constant.”
We have a duty and a responsibility to “Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights and Improve the quality of life of all citizens and free the potential of each person”. Simply put, transformation is everybody’s responsibility.
I thank you.
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